Live Poultry (Restrictions) Order 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/311 |
| Year | 1971 |
1971 No. 311
POULTRY
The Live Poultry (Restrictions) Order 197126thFebruary 1971
8thMarch 1971
The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers vested in them under sections 1, 20, 45, 84 and 85 of the Diseases of Animals Act 1950(a) as read with the Transfer of Functions (Animal Health) Order 1955(b) and of all other powers enabling them in that behalf, hereby order as follows:—
Citation and commencement
1. This Order, which may be cited as the Live Poultry (Restrictions) Order 1971, shall come into operation on 8th March 1971.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
"the Act" means the Diseases of Animals Act 1950;
"day-old chick of poultry" means a live bird of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails during the first 72 hours of its life or while it has not been fed, whichever period is the shorter;
"hatching eggs" means the eggs of poultry intended for hatching;
"poultry" means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails, but does not include day-old chicks of the same species;
"poultry carcase" means the carcase of any bird of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails, and includes part of a carcase;
"poultry dealer" means a person carrying on the business of buying and reselling poultry or day-old chicks of poultry, but a person shall not be deemed to be a poultry dealer by reason only that he sells for slaughter poultry that he has kept for 28 days or longer;
"premises" includes land with or without buildings;
"store poultry" means poultry not intended for immediate slaughter and being over the age of 28 days or, in the case of geese and ducks, over the age of 9 days;
"veterinary inspector" means a veterinary inspector appointed by the Minister of Agriculture, Fisheries and Food.
(a) 1950 c. 36. For change of title of the Minister see S.I. 1955/544 (1955 I, p. 1200).
(b) S.I. 1955/958 (1955 I, p. 1184).
(2) For the purposes of the Act. in so far as it applies to poultry, and of this Order, the definition of the expression "poultry" in section 84(2) of the Act is hereby extended so as to comprise quails.
(3) The Interpretation Act, 1889(a) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament, and as if this Order and the Orders hereby revoked were Acts of Parliament.
PART I
Application
3. The provisions of this Part of this Order shall apply to England and Wales.
Regulation of holding of poultry exhibitions and shows
4.—(1) No person shall hold or cause or permit to be held an exhibition or show of poultry except under the authority of a licence granted by the local authority and at the premises specified in the licence.
(2) The person to whom any such licence is issued shall—
(a) maintain a record showing, in respect of each bird entered for the exhibition or show authorised by the licence, the date of its arrival at and removal from the premises specified in the licence, the name and address of the person who exhibited it and (if known) the name and address of the person who removed it from those premises; and
(b) permit any officer of the Ministry of Agriculture, Fisheries and Food or of the local authority to inspect that record:
Provided that nothing in this paragraph shall require the licensee to retain any entry in the record beyond the period of 3 months from the making of the entry.
Prohibition of holding of sales of poultry
5. No person shall hold or cause or permit to be held a sale of poultry or of day-old chicks of poultry (whether on market premises or elsewhere). This prohibition shall not apply to—
(a) the holding of a sale of poultry or of day-old chicks of poultry on any premises to which no poultry or day-old chicks of poultry have been moved on the day on which the sale is held or within the 28 days next preceding such day;
(b) the holding of a sale of poultry or day-old chicks of poultry that are not, at the time of the sale, on the premises where the sale is held;
(c) the holding, during any exhibition or show authorised by a licence issued under the provisions of Article 4 hereof and at the premises on which the exhibition or show is held, of any sale of poultry exhibited in that exhibition or show;
(d) the holding of a sale of poultry authorised by a licence issued by a local authority under the provisions of Article 6 or Article 7 hereof and for the time being in force.
Licensed sales of poultry intended for immediate slaughter
6.—(1) A local authority may grant to any person a...
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